BILL ANALYSIS
SENATE COMMITTEE ON INSURANCE
Senator Jackie Speier, Chair
AB 2208 (Kehoe) Hearing Date: June 16,
2004
As Amended:April 27, 2004
Fiscal: Yes
Urgency: No
VOTES: Asm. Health DP:12-5
Asm. Jud. DPA: 8-3
Asm. Appr. DP: 16-4
Asm. Floor Passed: 46-31
SUMMARY
Would conform laws governing health insurance and all other
forms of insurance to recent legislation providing that
registered domestic partners have the same rights,
protections, and benefits, and are subject to the same
responsibilities, obligations, and duties under law, as are
granted to and imposed upon spouses.
DIGEST
Existing law
1. Requires a group health plan and a policy of group
health insurance (health insurer) to offer coverage to
employers or guaranteed associations for the domestic
partner of a covered individual to the same extent, and
subject to the same terms and conditions, as provided
to a dependent of the covered individual;
2. Requires, in the event an employer or guaranteed
association has purchased coverage for domestic
partners pursuant to #1 above, that a health plan and a
health insurer enroll as a dependent a domestic partner
of a covered individual in accordance with the terms
and conditions of the group contract that apply
generally to all dependents under the plan, including
coordination of benefits;
3. Allows a health plan and a health insurer to require
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that the covered individual verify the status of the
domestic partnership by providing a copy of a valid
Declaration of Domestic Partnership.
This bill
1. Would require a health plan and a health insurer to
provide employers or guaranteed associations with
coverage for the domestic partner of a covered
individual to the same extent, and subject to the same
terms and conditions, as provided to the spouse of a
covered individual;
2. Would require a health plan and a health insurer to
inform employers and guaranteed associations of this
coverage;
3. Would prohibit a health plan and health insurer from
offering or providing coverage for a domestic partner
that is not equal to the coverage provided to the
spouse of a covered individual;
4. Would require, in the event that an employer or a
guaranteed association has purchased coverage for
spouses and domestic partners pursuant to #1-3 above, a
health plan and health insurer to enroll a domestic
partner of a covered individual in accordance with the
terms and conditions of the group contract that apply
generally to all spouses under the plan, including
coordination of benefits;
5. Would provide that a health plan and health insurer
may require that the covered individual verify the
status of the domestic partnership by providing a copy
of a valid Declaration of Domestic Partnership only if
it also requests that the covered individual provide
verification of marital status and notification of
dissolution of marriage;
6. Would provide that a health plan and health insurer
subject to the bill shall be deemed to provide coverage
for domestic partners that is equal to the coverage
provided to a spouse of a covered individual;
7. Would require, regarding all forms of insurance, every
policy to provide coverage for the domestic partner of
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an insured or policy holder that is equal to, and
subject to the same terms and conditions as, the
coverage provided to a spouse of an insured or
policyholder;
8. Would prohibit a policy from offering or providing
coverage for a domestic partner if it is not equal to
the coverage provided for the spouse of an insured or
policyholder;
9. Would provide that a policy subject to this bill shall
be deemed to provide coverage for domestic partners
that is equal to the coverage provided to a spouse of
an insured or policyholder.
COMMENTS
1. Purpose of the bill . To require that health insurance
and all other forms of insurance provided to domestic
partners be equal to that which is provided to spouses.
2. Brief legislative background . AB 2208 would conform
laws governing health insurance with AB 205 (Goldberg,
Chapter 421, Statutes of 2003), which provided that
registered domestic partners have the same rights,
protections, and benefits, and are subject to the same
responsibilities, obligations, and duties under law, as
are granted to and imposed upon spouses.
Current law, pursuant to AB 25 (Migden, Chapter 893,
Statutes of 2001), generally requires group health
plans and group health insurance policies to offer
coverage for domestic partners on the same terms that
they offer it to dependants. Instead, AB 2208 requires
plans and insurers to cover domestic partners under the
same terms that they cover spouses.
3. Support . The author states that "despite gains made
by previous legislation, registered domestic partners
are often denied insurance benefits and coverage, or
are unfairly required to pay higher premiums. This
bill would protect families, eliminate uncertainty and
confusion in current law, and prevent unnecessary
litigation."
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Equality California and the Department of Insurance,
co-sponsors of the bill, write that the bill would
provide a "necessary and consistent standard of
non-discrimination in insurance in conformance with AB
205 by ensuring that insurance companies treat domestic
partners in the same manner as spouses in the purchase
of insurance."
3. Opposition . Groups opposing AB 2208 write with two
basic objections to the bill. First, opponents state
that the measure would infringe on the consciences and
morals of private businesses that object to domestic
partnerships and to legislative efforts to treat them
as equal to spouses. Second, groups opposing the bill
state that it would drive up the cost of health
insurance for businesses. Concerned Women for America,
for example, writes that same-sex relationships carry
higher health risks than heterosexual relationships due
to higher rates of sexually-transmitted disease,
alcohol abuse, domestic violence, and mental illness,
and references a statistic found by another
organization that in one instance, a pool of small
employers was found to have a 17.1% higher loss ratio
for same-sex couples as it did for heterosexual
couples.
POSITIONS
Support
2 individuals
ACLU
AIDS Project Los Angeles
Anti-Defamation League
Being Alive Los Angeles, Inc.
California Commission on the Status of Women
California Labor Federation, AFL-CIO
California Medical Association
California National Organization for Women
California Nurses Association
California Retired Teachers Association
California School Employees Association
California State Employees Association
California Teachers Association
City and County of West Hollywood
Department of Insurance
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Equality California (Sponsor)
Lambda Legal Defense and Education Fund
Legal Aid Society Employment Law Center
MALDEF
Metropolitan Community Church, Los Angeles
National Center for Lesbian Rights
Office of the Attorney General
Our Family Coalition
Parents, Families, and Friends of Lesbians and Gays,
Ventura County
Planned Parenthood Affiliates of California
Pride At Work, Southern California Regional Chapter
San Francisco Aids Foundation
San Francisco Lesbian Gay Bisexual Transgender Community
Center
Stonewall Democratic Club of Greater Sacramento
Transgender Law Center
Oppose
Campaign for California Families
Capitol Resource Institute
Concerned Women for America
Consultant: Soren Tjernell. 916-445-0825.